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August 2020 Greater Bunbury Region Scheme Amendment 0060/41 (Major Amendment) Waterloo Industrial Expansion Area Amendment Report Shire of Dardanup
August 2020
Greater Bunbury Region Scheme Amendment 0060/41 (Major Amendment)
Waterloo Industrial Expansion Area
Amendment Report
Shire of Dardanup
Greater Bunbury Region Scheme Amendment 0060/41
(major amendment)
Waterloo Industrial Expansion Area
Amendment Report
Shire of Dardanup
August 2020
Disclaimer This document has been published by the Western Australian Planning Commission. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Professional advice should be obtained before applying the information contained in this document to particular circumstances.
© State of Western Australia Internet: www.wa.gov.au
Published by the Western Australian Planning Commission, 140 William Street, Perth WA 6000
Locked Bag 2506 Perth WA 6001
GBRS Amendment 0060/41 Amendment Report File RLS/0866
Published August 2020
Internet: www.dplh.wa.gov.au Email: [email protected] Phone: (08) 655 19000 Fax: (08) 655 19001 National Relay Service: 13 36 77 Infoline: 1800 626 477
This document is available in alternative formats on application to Communications Services.
http://www.wa.gov.au/http://www.wa.gov.au/
Contents
The Greater Bunbury Region Scheme ................................................. v
1 Planning objective ......................................................................... 1
2 Background ................................................................................... 1
3 Scope and Content of the Amendment .......................................... 2
4. Aboriginal Heritage ........................................................................ 3
5. Coordination of Region and Local Scheme Amendments .............. 3
6 Sustainability appraisal .................................................................. 4
7 Sustainability ................................................................................. 4
8 Environmental Protection Authority advice .................................... 4
9 The amendment process ............................................................... 5
10 Submissions on the amendment ................................................... 5
11 Hearings ........................................................................................ 5
12 Modifications to the amendment .................................................... 6
13 Final outcome ................................................................................ 6
14 References .................................................................................... 6
Figure 1 The amendment as advertised
Appendix A Notice of environmental assessment
Appendix B List of detail plans supporting the amendment
Appendix C Your property and the Greater Bunbury Region Scheme
Appendix D Preparing a submission and for a hearing presentation
Appendix E Submission form for this amendment (form 41)
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The Greater Bunbury Region Scheme What it is and how it is amended
(Major Amendments)
Planning Greater Bunbury's future
The most populous area of the South-West Region of Western Australia is the area encompassed by the Greater Bunbury Region Scheme (GBRS). The GBRS covers the City of Bunbury and the Shires of Capel, Dardanup and Harvey.
The Greater Bunbury locality is one of the fastest growing areas in Australia, with a population projected to exceed 100,000 by 2031. As it grows, change must be well planned and well managed.
Provision must be made for future housing, employment opportunities and transport needs to meet this growth. It is also necessary to set aside land for conservation and recreation.
The GBRS provides for this change, and the means by which affected landowners can be compensated for land acquired for regional public purposes.
What is the Greater Bunbury Region Scheme?
The GBRS is a region planning scheme for land use in the Greater Bunbury area. This area stretches from Lake Preston in the north, Peppermint Grove Beach in the south and east to the Darling Scarp.
The GBRS defines the future use of land, dividing it into broad zones and reservations. It requires local government local planning schemes to provide detailed plans for their part of the region. These schemes must be consistent with the GBRS.
The GBRS uses a set of maps and a scheme text. The scheme text provides planning rules for zones and reservations, which are shown on the maps in different colours and patterns.
This plan has been in operation since November 2007 and provides the legal basis for planning in the Greater Bunbury area.
To plan for changing needs, the GBRS is amended from time to time.
What is an amendment?
An amendment to the GBRS changes the zoning or reservation of land to allow for a different land use.
When a rezoning or a new reservation is considered, an amendment to the GBRS is advertised to seek comment from the wider community and all levels of government.
The process allows for extensive community consultation and discussion in Parliament before a final decision is made.
How is the Greater Bunbury Region Scheme amended?
The Western Australian Planning Commission (WAPC) is responsible for keeping the GBRS under review and initiating changes where it is seen to be necessary.
The amendment process is regulated by the Planning and Development Act 2005. The amendment proposed in this report is being made under the provisions of section 41 (often referred to as a major amendment).
The process of a major amendment to the GBRS includes the following steps:
• Formulation of the amendment by theWAPC.
• Referral of the proposed amendment tothe Environmental Protection Authority(EPA) to set the level of environmentalassessment. Where the EPA requires anenvironmental review, this is carried outbefore the amendment is advertised.
• Consent by the Minister for Planning tocall for submissions.
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• Advertising the amendment for publicinspection and inviting submissions.Advertisements are placed in local andstatewide newspapers and information ismade available on the WAPC’s website.Landowners whose property is directlyaffected by a proposed change arecontacted in writing. Where there is anenvironmental review, this is also madeavailable for comment.
• WAPC receive public submissions over athree month period.
• WAPC considers written submissions.People who have made submissions may,if they wish, also make an oralpresentation to a special committeeappointed to consider and report on thesesubmissions.
• WAPC reviews the proposed amendmentin light of submissions. The amendmentmay be modified before proceeding.
• Readvertising for further publicsubmissions may be required by theMinister for Planning if the amendment issubstantially modified as a result ofsubmissions.
• Minister presents the amendment withWAPC recommendations to the Governorfor approval.
• Placing of the amendment, as approvedby the Governor, before each House ofState Parliament, where it must remain for 12 sitting days. During this time, theamendment is again on public display withthe WAPC’s report on submissions.
• In Parliament, a member may introduce amotion to disallow the amendment. If thismotion succeeds, the GBRS will not beamended. Otherwise, the amendmentbecomes legally effective in the GBRS.
The following diagram shows the main steps.
When the GBRS is amended, local planning schemes must also be amended to match the broad zonings and reservations of the GBRS. Affected local governments provide more detailed planning for each area.
Within three months of a GBRS amendment being finalised, an affected local government must initiate an amendment to its local planning scheme.
EPA determines level of environmental assessment
Environmental review prepared if required
Amendment advertised seeking public comment
Environmental conditions incorporated if required
WAPC resolves to amend GBRS and refers to the EPA
WAPC submits to Minister for consent to advertise
WAPC considers submissions and makes recommendation
Approved by Governor
Considered by Parliament
Amendment takes effect in the GBRS
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Zones and reservations
Zones and reservations in the GBRS are broad categories. They are not precisely defined or limited, but the following descriptions are a guide.
Zones
Urban: to provide for residential development and associated local employment, recreation and open space, shopping, schools and other community facilities.
Urban Deferred: land suitable for future urban development but where there are various planning, servicing and environmental requirements which need to be addressed before urban development can take place.
The WAPC must be satisfied that these issues have been addressed before rezoning to urban.
Regional Centre: the Bunbury central business district within which commercial, civic, cultural, residential, service and administration activities serving the region are located.
Industrial: to provide for manufacturing industry, the storage and distribution of goods and associated uses.
Industrial Deferred: land suitable for future industrial development but where there are various planning, servicing and environmental requirements which need to be addressed before industrial development can take place.
Rural: to provide for the sustainable use of land for agriculture, assist in the conversation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban area and accommodate carefully planned rural living developments.
Private Recreation: to accommodate regionally significant open space and recreation activities in private use.
Reservations
Land is reserved for community purposes. It may be reserved to protect a resource or to provide areas for infrastructure.
Regional Open Space: to protect the natural environment, provide recreational opportunities, safeguard important landscapes and provide for public access.
Primary Regional Roads: to provide a regional road network to accommodate current and future transport needs on roads declared under the Main Roads Act 1930.
Other Regional Roads: to provide a regional road network to accommodate current and future transport needs on roads for which the planning responsibilities are shared between the Commission and local government.
Railways: to provide for the passage of trains, the marshalling, maintenance and storage of rolling stock, and the conveying of the public and freight by rail.
Port Installations: to provide for the current and future expansion needs of the Port of Bunbury.
Waterways: to recognise permanently inundated inland and coastal lands below the high water mark, and existing and proposed water canals.
State Forests: to recognise State forests.
Public Purposes: to provide for other public purposes as denoted on the Scheme Map ie; land for public facilities such as hospitals, high schools, universities, prisons, utilities for electricity, water and treatment of wastewater, commonwealth government and other special uses.
What if my land is rezoned?
Landowners may find that an amendment seeks to rezone their property, for example from rural to urban or urban deferred.
If the zoning is changed, landowners do not have to change their use of the land or lifestyle.
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They can stay as they are or they may set about changing their land use. For instance, some may seek approval to subdivide their land or apply to develop it in some way that suits the new zoning.
The WAPC realises that many people choose their properties because they like them as they are and may not want to change from, for example, a rural-residential lifestyle to an urban area. Others are keen to change the land use.
For these reasons, amendments to the GBRS are advertised so that all affected landowners and anyone else have time to examine the proposals and lodge a submission.
What if my land is reserved?
Land is reserved because it will be needed eventually for a public purpose such as parks and recreation or other regional roads.
If your land is marked for a reservation in an advertised amendment, you can continue to use and enjoy your property. Generally, reserved land can remain in private ownership until it is needed for the purpose for which it is reserved. The WAPC has reservations over many areas of land, which are privately owned.
To protect landowners, there are procedures for acquisition or compensation by the WAPC. These are outlined in Your Property and the Greater Bunbury Region Scheme, a leaflet reproduced at the back of this report and available separately from the Department of Planning, Lands and Heritage.
How can my views be heard?
You can lodge a written submission on the proposed amendment during the advertised period. A submission form is available at the back of this report, from the display locations for this amendment and from the WAPC’s website.
People writing submissions may choose also to attend a hearing. This follows the submission period, where you can express your views to a hearings panel.
Publications
In the course of each substantial amendment to the GBRS, information is published under the following titles:
Amendment report This document is available from the start of the public submission period of the proposed amendment. It sets out the purpose and scope of the amendment, explains why the proposal is considered necessary and informs people how they can comment.
Environmental review report The EPA considers the environmental impact of an amendment to the GBRS before it is advertised. Should the EPA require formal assessment an environmental review is undertaken and that information is made available for comment at the same time as the amendment report.
Report on Submissions This publication documents the planning rationale, determination of submissions received and the recommendations for final approval of the amendment made by the WAPC.
Submissions All the written submissions received on the proposed amendment are reproduced as a public record.
Transcript of Hearings The hearings procedures are recorded and transcribed. All transcripts are published as a public record.
Amendment 0060/41
Location Plan
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Proposed Amendment to the Greater Bunbury Region Scheme
Created on date: Thursday, 6 August 2020Document Name: GBRS_3054_v2_LPlan
Waterloo District Structure Plan
Greater Bunbury Region Scheme Legend
Regional centre
Industrial
Other regional roads
Regional open space
Primary regional roadsPrivate recreation
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SCA NO. 3
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Greater Bunbury Region Scheme Amendment 0060/41
Waterloo Industrial Expansion Area
1. Planning objective
The purpose of this proposal is to amend the Greater Bunbury Region Scheme (GBRS) by rezoning:
• Lots 100 (part), 101, 102, 60 Blaweary Close, Waterloo;• Lots 63 (part), 1 (part), 58 (part), 4 (part), 5 (part), 608 (part), 4 (part), 5 (part),
5277 Martin-Pelusey Road, Waterloo/Paradise;• Lots 50, 530, 531, 273 Copplestone Road, Paradise;• Lots 3 (P 232800) (part), 9, 2, 1 (D 42562), 66, 5 (part), 6 (part), 3 (D38550) (part),
10 (part), 11, 12, 13 (part), 8 (part), 4 (part), 1 (D83598) (part), 98, 99 (part) HarrisRoad, Paradise;
• Lots 1, 35 (part), 7 (part) Bell Road, Waterloo;• Lots 311 (part),310,480 Wireless Road, Waterloo;• Lots 19 (part), 20 (part), 21 (part), 22 (part) St Helena Road, Waterloo;• Reserve R35707 (part); and• Road Reserves for Bell Road, Copplestone Road, Harris Road, Blaweary Close,
Wireless Road, St Helena Road and Damiani-Italiano Road;• as shown on Plan No. 3.2755.
from the Rural Zone to the Industrial Deferred Zone and in order to facilitate future Industrial developments at the Waterloo Industrial Expansion Area as anticipated through the Industry 2030 Greater Bunbury Industrial Land and Port Access Planning (2000), Greater Bunbury Strategy 2013, the Greater Bunbury Structure Plan, the Waterloo District Structure Plan and the Shire of Dardanup Local Planning Strategy (2015).
2. BackgroundThe Waterloo Industrial Expansion Area was originally identified in the Industry 2030 Greater Bunbury Industrial Land and Port Access Planning (2000) which was the subject of a full public consultation process. It was then formally identified in the Western Australian Planning Commission (WAPC) endorsed Greater Bunbury Strategy 2013 following extensive public consultation and advertising of the draft Strategy in 2011. It was also identified in the South West Economic and Employment Lands Study as the preferred site for the agri-food processing area if one was to be established in the South West. The area is located east of the existing industrial area known as Picton South. It is located south of the Perth-Bunbury rail line and is bounded on the west by Martin-Pelusey Road and Waterloo Road to the east and Copplestone Road and Damiani-Italiano Road to the south. The area was selected due to its proximity to major highways, rail infrastructure and being located 12 km from the Bunbury Port.
The Department of Planning, Lands and Heritage (the Department), in collaboration with the Shire of Dardanup and other Government agencies, has prepared a District Structure Plan for Waterloo.
An initial draft Waterloo District Structure Plan (DSP) was publicly advertised between April and July 2016 for public comment. The comments were analysed by the then Department of Planning and a report provided to the WAPC. Following the realignment of the Bunbury Outer Ring Road (BORR) by Main Roads WA the draft Waterloo DSP was revised to take into account the implications of the new BORR alignment on Waterloo and the revised draft
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Waterloo DSP was published for public advertising between February and April 2019. The comments were again analysed by the Department and a report provided to the WAPC in October 2019, along with the finalised DSP.
Land uses proposed by the DSP include light industry, general industry, service commercial, a special use area designated for rail related activities, agricultural food processing area, public purpose – infrastructure services, primary road, and integrator streets.
The DSP was endorsed by the WAPC at its meeting on 30 October 2019. The purpose of the DSP is to set out an informing strategy to guide the vision and desired development and environmental outcomes for industrial expansion area, and in doing so, to provide the context and framework for proposed amendments to the GBRS, the Shire of Dardanup’s Local Planning Scheme No. 3 (LPS3) and more detailed planning in the form of Local Structure Plans.
The subject land currently supports agricultural uses, primarily hay production and grazing. The lots making up the industrial expansion area are owned by private owners (42), the State Government (Reserve R35707) and Road Reserves for Bell Road, Wireless Road, St Helena Road, Harris Road, Blaweary Close, Copplestone Road, and Damiani-Italiano Road.
3. Scope and content of the amendment
Request is made for an amendment to the GBRS for • Lots 100 (part), 101, 102, 60 Blaweary Close, Waterloo;• Lots 63 (part), 1 (part), 58 (part), 4 (part), 5 (part), 608 (part), 4 (part), 5 (part),
5277 Martin-Pelusey Road, Waterloo/Paradise;• Lots 50, 530, 531, 273 Copplestone Road, Paradise;• Lots 3 (P 232800) (part), 9, 2, 1 (D 42562), 66, 5 (part), 6 (part), 3 (D38550) (part),
10 (part), 11, 12, 13 (part), 8 (part), 4 (part), 1 (D83598) (part), 98, 99 (part) HarrisRoad, Paradise;
• Lots 1, 35 (part), 7 (part) Bell Road, Waterloo;• Lots 311 (part),310,480 Wireless Road, Waterloo;• Lots 19 (part), 20 (part), 21 (part), 22 (part) St Helena Road, Waterloo;• Reserve R35707 (part); and• Road Reserves for Bell Road, Copplestone Road, Harris Road, Blaweary Close,
Wireless Road, St Helena Road and Damiani-Italiano Road;• as shown on Plan No. 3.2755.
The amendment does not include the reservation for the Bunbury Outer Ring Road at this stage. This will be the subject of a separate amendment in the future once the final alignment, detailed design and land acquisition is finalised.
The subject land is approximately 1350 hectares in area and is immediately located south of Perth to Bunbury rail line and is bounded on the west by Martin-Pelusey Road and Waterloo Road to the east, and Copplestone Road and Damiani-Italiano Road to the south. The subject land is situated in the locality of Waterloo and Paradise, is 14 km east of the Bunbury CBD. The brickyard in the north-east corner of the site on Waterloo Road has not been included as the site is already zoned Industrial.
The proposal involves the amendment of the existing zoning of the subject land from the Rural Zone to the Industrial Deferred Zone under the GBRS.
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The current zone under both the GBRS and LPS3 covering the subject land does not make provision for the future uses as prescribed in the DSP hence the request for amendments in order to implement components of the structure plan.
The transfer of land from the Industrial Deferred zone to an Industrial zone may be initiated by either the landowner, the local government or any public authority. Before agreeing to the transfer of land from the Industrial Deferred zone to the Industrial zone, the WAPC will require evidence, such as a draft Local Structure Plan, which ensures:
• the land is capable of being provided with essential services and agreement hasbeen reached between the developers and service providers with regard to thestaging and financing of services;
• planning is sufficiently advanced to depict an acceptable overall design to guidefuture development, by means of an endorsed structure plan (WAPC and LG);
• the proposed industrial development is in accordance with endorsed strategicplanning framework;
• the regional requirements have been satisfied or provisions made for them; and• any constraints to industrial development, including in relation to environmental,
hazard and risk issues, can be satisfactorily addressed.
Where there is a proposal to lift the Industrial Deferred zoning, it will be referred to the local government and relevant State Government agencies for comment. The proposal, with supporting information and justification in accordance with the Lifting of Industrial Deferment Guidelines will be considered and determined by the WAPC. The assessment of this amendment will further refine the criteria required to lift the Industrial Deferment, which will be detailed in the report on submissions to guide future planning.
4. Aboriginal HeritageThe Aboriginal Heritage Act 1972 provides for the protection and preservation of Aboriginal heritage and culture in Western Australia, including places and objects of significance to Aboriginal people, whether previously recorded or not.
The process of rezoning land in a region scheme is not itself directly affected by the Aboriginal Heritage Act 1972, as the proposed land use changes are very broad in nature and do not, themselves, physically interfere with the land. The protection of Aboriginal heritage sites is specifically addressed during later stages of the planning process, usually when a local structure plan is being developed.
Nevertheless, in recognising the importance of having reliable Aboriginal information on land and the values attached to it, the proposed amendment will be assessed against the provisions of the Aboriginal Heritage Act 1972 during the consultation phase of the amendment process. As part of the background to the Waterloo DSP an Ethnographic and Archaeological Heritage Assessment (2015) was carried out including a comprehensive desktop review to confirm the nature and extent of all Aboriginal sites within the Waterloo industrial expansion area.
5. Coordination of Region and Local Scheme amendmentsThe Shire of Dardanup’s Local Planning Scheme is required to be consistent with the GBRS. Once the Industrial Deferred and subsequent Industrial zonings have been approved for the GBRS, local planning scheme amendments to LPS3 will be required to ensure consistency with the GBRS.
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6. Sustainability appraisalUnder the GBRS, the Waterloo DSP area is presently zoned Rural. The Rural zone over the subject land would not permit development of industrial uses proposed by the DSP hence amendment of the GBRS is required in order to facilitate the development of such uses.
The proposed amendment on the subject land is considered to be orderly and proper planning as the proposal explored planning solutions in line with the DSP. This provides the opportunity to determine the type and location of development, orderly roll out of services, ensures the internal road network conforms to WAPC policy in industrial areas, both local level and district level water management issues are addressed in a timely manner, detailed design of drainage reserves and green spaces, and provides appropriate screening from the BORR.
Strategic Planning for the area further comes under both the Industry 2030 Greater Bunbury Industrial Land and Port Access Planning (2000) and the Greater Bunbury Strategy 2013 where a variety of industrial and employment land activities are proposed.
The subject land is located immediately south of the proposed residential area of Wanju and in close proximity to the established residential areas of Eaton, Millbridge and Treendale. It abuts the Picton South Industrial area to the west. The purpose of the land is to provide employment opportunities in close proximity to the residential areas east of the Bunbury CBD. Detailed planning through the local structure planning for individual precincts will address the level of services provided with regards to reticulated water and sewerage, drainage, underground electricity, telecommunication, access, and fill.
7. SubstantialityThe Planning and Development Act 2005 allows for an amendment to a region planning scheme to be processed as either 'minor' or 'major' amendment, depending on whether the WAPC considers the amendment to be a substantial alteration to a scheme, or not. The WAPC is of the opinion that this amendment constitutes a substantial alteration to the GBRS having regard to the significant spatial extent of the proposed area for development. The Industry 2030 Greater Bunbury Industrial Land and Port Access Planning (2000) and the Greater Bunbury Strategy strongly promote a range of industrial activities as evidenced by the following employment activities proposed: light industry, general industry, service commercial, a special use area designated for rail related activities and an area for agricultural food processing.
The South West Regional Planning and Infrastructure Framework (2015) recommended that there is a supply of industrial and business development land in appropriate locations which are serviced with reticulated services with appropriate communications, transport and waste services infrastructure. As such it is considered appropriate for this amendment to be processed as a major amendment to the GBRS.
8. Environmental Protection Authority advice
The proposed amendment was referred to the EPA for advice on whether environmental assessment would be required.
The EPA has advised that the proposed amendment does not require formal assessment under part IV of the Environmental Protection Act 1986. The EPA provided advice and recommendations as shown at Appendix A.
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9. The Amendment Process
The procedures for amending the GBRS are prescribed by the Planning and Development Act 2005.
Section 41 of the Planning and Development Act 2005 sets out the procedure for processing amendments which the WAPC considers a substantial alteration to the Scheme.
A more detailed explanation of this process, entitled ‘The Greater Bunbury Region Scheme - What it is and how it is amended’ can be found in the front of this report.
10. Submissions on the amendmentThe WAPC invites people to comment on the proposed amendment to the GBRS. The amendment is being advertised for public submissions for a period of 90 days from 15 September 2020 to 14 December 2020.
Advertising of the amendment will occur on the Department’s website, Shire of Dardanup website, the Government Gazette and in the local newspapers.
Copies of the amendment will be available online at the Department’s website or available on request.
Written submissions or comments on the amendment should be sent to: The Secretary Western Australian Planning Commission Level 6, 61 Victoria Street Bunbury WA 6230
and must be received by 5 pm 14 December 2020.
All submissions received by the WAPC will be acknowledged.
For your convenience a submission form (Form 41) is contained in this report Appendix E. Additional copies of the form are available on request or on the Department’s website: www.dplh.wa.gov.au . You should be aware that calling for submissions is a public process and all submissions lodged will become a public document. All submissions are published and made available when the amendments are tabled in Parliament.
Advice of disclosure and access requirements are shown on side two of the submission form. Before making your submission, it is recommended that you read the information in Appendix D of this report regarding preparing a submission.
11. HearingsAny person making a written submission has the opportunity to personally present the basis of their submission to a sub-committee of the WAPC. Details required for attending the hearings are on side two of the submission form. Presentations made to the hearings committee are an extension of the submission process and the transcript of all hearings will become a public document. The transcript is published and made available when the amendment is presented to both Houses of Parliament. Before completing your submission form, please refer to the information regarding hearings in appendix D of this report.
http://www.dplh.wa.gov.au/http://www.dplh.wa.gov.au/
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12. Modifications to the amendment After considering any comments received from the public and government agencies, the WAPC may make modifications to the amendment. The recommendations of the WAPC, including any modifications, are published in a report on submissions. Anyone who has made a submission will receive a copy of this document when the amendment is tabled in Parliament. The report will also be available on the WAPC’s website www.dplh.wa.gov.au
13. Final outcome Following consideration by both Houses of Parliament, those who made submissions will be notified of the final outcome, along with all affected landowners. 14. References • Waterloo District Structure Plan and background reports:
https://www.dplh.wa.gov.au/waterloo • Ethnographic and Archaeological Heritage Assessment, Industrial and Urban Expansion
Areas (Big Island Research, 2014): • https://www.dplh.wa.gov.au/getmedia/a2f32e39-5eb5-4825-abae-
a1f576c2f22e/DSP_Draft_Wanju_Ethnographic_and_Archaeological_Report_-_Dardanup
• DC Policy 1.9 – Amendment to Region Schemes (WAPC, January 2017): https://www.dplh.wa.gov.au/getmedia/0ab32345-7ede-4b3d-90ee-babafcd3d840/DCP_1-9_-amendment_region_schemes
• Lifting of Urban Deferment Guidelines (WAPC, November 2019): https://www.dplh.wa.gov.au/getmedia/3457d12f-8b13-40a6-a1ee-53b4f0ce78dc/GD-Lifting_of_Urban_Deferment_Guidelines_Nov2019
• Greater Bunbury Region Scheme: • https://www.dplh.wa.gov.au/gbrs • Shire of Dardanup Local Planning Strategy (2015):
https://www.dardanup.wa.gov.au/planning/structure-plans/local-planning-strategy/ • Shire of Dardanup Local Planning Scheme No.3:
https://www.dplh.wa.gov.au/getmedia/c2cdeacd-b559-4700-b0f8-bbbb4540c433/Dardanup-scheme-text
• Greater Bunbury Strategy 2013 and Greater Bunbury Structure Plan (WAPC): https://www.dplh.wa.gov.au/getmedia/0597c8b4-73b2-40b3-b934-eec50d265cfd/SWT_Greater_Bunbury_Strategy_2013
• South West Regional Planning and Infrastructure Framework (2015) • https://www.dplh.wa.gov.au/getmedia/bdfd8af3-b37e-4a60-b193-
d4c9c086574c/SWT_South_West_Regional_Planning_and_Infrastructure_Framework_Part_Ahttps://www.dplh.wa.gov.au/getmedia/664fa002-1a8f-46d3-8d8a-970a5a876397/SWT_South_West_Regional_Planning_and_Infrastructure_Framework_Part_B
• Greater Bunbury Region Scheme Priority Agricultural Land Policy 2017 (WAPC): https://www.dplh.wa.gov.au/getmedia/a2922ff0-6036-4c3b-b765-84883563d96b/POL-GBRS_Priority_Agricultural_Land_Policy_2017 .
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Amendment 0060/41
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BOYANUP-PICTON
ROAD
SOUTH
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ERLO
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OAD
WATERLOO
DARDANUP WEST
PICTON EAST
PARADISE
Produced by Data Analytics, Department of Planning, Lands and Heritage, Perth WABase information supplied by Western Australian Land Information Authority SLIP 1096-2018-1
Proposed Amendment to Greater Bunbury Region Scheme17 June 2020 Proposal 1
0 250 500 750 1,000
metres
N
Proposed Amendment:Industrial deferred zone
Waterloo District Structure Plan
File number: RLS/0866Oracle reference no:
Date: 6/08/2020
Version number: 2
Proposal 1
3054
Appendix A
Notice of environmental assessment
Appendix B
List of detail plans supporting the amendment
Waterloo Industrial Expansion Area Rezone to Industrial Deferred Zone
Proposed major amendment
Amendment 0060/41
3.2755
Detail plans 1.4707 1.4741 1.4742 1.4743 1.4744 1.4745 1.4746
Appendix C
Your Property and the Greater Bunbury Region Scheme
Government of Western Australia Department of Planning, Lands and Heritage
Your Property and Regional Planning Schemes Your land is reserved in a Regional Planning Scheme The Western Australian Planning Commission (WAPC) administers three Regional Planning Schemes (RPS’s). The Metropolitan Region Scheme, the Peel Region Scheme and the Greater Bunbury Region Scheme. RPS’s are planning schemes that cover the Perth metropolitan area, the Peel region and the Greater Bunbury region. They classify land into broad zones and reservations. As these regions develop, so the WAPC must amend the RPS’s. The RPS’s are available for inspection at a local authority office, the Department of Planning, Lands and Heritage and the WAPC. Zones are large areas identified as being suitable for purposes such as industry (Industrial zone) and residential (Urban zone). Reservations are areas required for public purposes such as school sites, railways, major roads and parks and recreation areas. Before rezoning or reserving land, the WAPC approaches affected landowners and invites them to make submissions on the changes proposed through the amendment process.
The government will ultimately acquire reserved land, but the land can generally remain in private ownership until the government needs it for the public purpose. There are several options available to the owners of reserved land. • Retain ownership of your property and
continue quiet enjoyment of the property until the government needs it for the public purpose. You may complete any development or subdivision of the property approved before the reservation came into effect.
Under non-conforming use rights, you may continue to use the property for purpose it was legally being used immediately before the reservation came into effect.
• Sell the property on the open market to
another person(s). The WAPC recognises that due to the reservation this may be difficult. Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property if an owner is unable to achieve a private sale on the open market.
• Offer the property for sale to the WAPC.
Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property. The WAPC purchases a property at its current market value ignoring the effect of the reservation. The WAPC obtains two independent valuations to provide it with advice on the value of the property.
• If the WAPC refuses a development
application on reserved land, or approves a development application subject to conditions that are unacceptable to the applicant, the applicant can make a Claim for Compensation for Injurious Affection. However, you must be the owner of the property when it was first reserved to be eligible to make a claim.
In such cases, the WAPC may elect to purchase the property instead of paying compensation. The purchase price can be determined by negotiation, by reference to the State Administrative Tribunal or by arbitration.
Am I entitled to compensation? If your land is reserved in a RPS and you are the owner of the land when it was first reserved, you may be able to make a Claim for Compensation for Injurious Affection if:
• You wish to sell the property on the open market at a reduced price; or
• The WAPC either has refused a
development application over the property or has approved a development application over the property subject to conditions that are unacceptable to the applicant.
How do I claim compensation? 1. Private Sale If wish to sell the property on the open market at a reduced price, complete a Notice of Intention to Sell form which is available from the Department. The Department will establish the extent of the reservation and forward the Notice to the Board of Valuers. The Board of Valuers will determine the value of the property as unaffected by the reservation. You may wish to attend the Board’s meeting to present any matters you believe are relevant to the value of your property. Following the Board’s decision: • The Board will advise you of the
unaffected value of the property. • You pay the Board’s valuation fee to the
Department. The Department will advise you of the affected value of the property. This is the minimum price for which you can sell the property and receive the full amount of compensation. The valuation fee is refundable upon the sale of the property.
• You then arrange the sale of the property (either privately or through an agent). The sale price must not be less than the affected value.
You (and your agent) must inform prospective purchasers that you are selling the property at a reduced price and that you will be claiming compensation for injurious affection from the WAPC. You must also include a special condition in the Offer and Acceptance.
• After you sell the property, you make a
Claim for Compensation for Injurious Affection for the difference between the sale price and the unaffected value as determined by the Board.
• If the property does not sell within one
year of the Board’s valuation, you may ask the Board to revalue the property. The sale process is then repeated.
• After the WAPC pays compensation, the
WAPC will lodge a Notification on the Certificate of Title to identify that it has paid compensation. Compensation is only payable once.
• Alternatively, you may ask the WAPC to
purchase the property, as you have been unable to sell the property privately.
2. Refused Development If the WAPC refused your development application or approved it subject to unacceptable conditions and the property is reserved in a RPS, you may make a Claim
for Compensation for Injurious Affection within six months of the WAPC’s decision on the application. In such a case, the WAPC either will pay compensation or may elect to purchase the property instead of paying compensation. If the WAPC elects to purchase the property, it obtains valuations for the market value of the property as at the date of the election to purchase. The date of valuation is fixed at the date of election to purchase. What is compulsory acquisition? A situation may arise where the government urgently requires a property for a public purpose and the owner is unwilling to sell the property to the WAPC. In such a case, the government may compulsorily acquire (“resume” or “take”) the property for that public purpose. When the WAPC takes a property, you have the right to make a Claim for Compensation for the land taken. The WAPC will obtain valuations of the taken land and, after checking of the compensation claim, will make you an offer of compensation. Should you have any queries about the information in this brochure, please contact the Department’s Property Services branch.
Appendix D
Preparing a submission and for a hearing presentation
Preparing a submission and for a hearing presentation
The WAPC welcomes comment on proposed amendments to the Greater Bunbury Region Scheme (GBRS) from interested individuals, groups and organisations. What is a submission?
A submission is a way to express your opinion and provide information. It is an opportunity to explain why the amendment should be supported, withdrawn or modified. Suggestions of alternative courses of action are also welcome. Making a submission is not the same as voting in an election. The number of submissions received for or against a proposal will not in itself determine the result. Rather, it is the reasoned argument of why a particular thing should or should not be done. Your submission will assist the WAPC in reviewing its planning proposal before proceeding. Advertised proposals are often modified in response to the public submission process. What should I say? Your comments should focus on the particular issues that arise from the proposed amendment. If there are a number of components in the amendment, please indicate exactly which ones you are addressing. It is important that you state your point of view clearly and give reasons for your conclusions and recommendations. These may include an alternative approach or other ways for the WAPC to improve the amendment or make it more acceptable. Indicate the source of your information or argument where applicable. If you prefer not to write your own comments, you may consider joining a group interested in making a submission on similar issues. Joint submissions can increase the pool of ideas and information. Before lodging your submission Please remember to complete the submission form (Form 41 – Appendix E). Include your name and full postal address on side one and information related to the hearings on side two. It is preferred that any attachments be loose rather than bound. The closing date for submissions and where they should be lodged is shown on Form 41 and in the submissions on the amendment section of the amendment report. To be eligible to make a presentation to the hearing committee, your written submission must be received by the closing date. Some amendments may be subject to an environmental review. Under these circumstances, the WAPC will forward a copy of any submission raising environmental issues to the EPA. You should be aware that all submissions lodged with the WAPC are subject to regulations on disclosure and access, and will become a public document. Presentations made to the hearings committee are an extension of the submission process and the transcript of all hearings also becomes a public document.
Do you want a hearing? The Planning and Development Act 2005 provides the opportunity for people who have made a written submission to personally present the basis of their submission to a sub-committee of the WAPC. You do not have to attend a hearing. The comments presented by you in your submission will be considered in determining the recommendation for the proposed amendment. Hearings are arranged so that the WAPC can listen to a person, should they wish to explain or expand on their written submission. A hearing is for listening to points of view and planning rationale, it is not a forum of general public debate. In the case of a group, a spokesperson must be appointed to represent the group. The time allocated for a hearing is usually 15 minutes, which includes time for questions the committee may have of the presenter. The hearings committee is appointed by the WAPC and is usually comprised of two WAPC committee members and one other person with planning knowledge and expertise related to issues raised in submissions. You may choose to have your presentation conducted in public or private. A public hearing allows other persons, including the media, to attend. In a private hearing only those persons nominated by you and by the hearings committee may attend. All hearings, public and private, are recorded and transcribed. The transcripts, along with the written submissions, are published as public records. The WAPC recommendations are also published in a report on submissions.
Appendix E
Submission form for this amendment (Form 41)
Planning and Development Act 2005 Section 41 Amendment (Substantial)
Form 41
Submission Greater Bunbury Region Scheme Amendment 0060/41
Waterloo Industrial Expansion Area
OFFICE USE ONLY To: Secretary
Western Australian Planning Commission Level 6, 61 Victoria Street Bunbury WA 6230
Name .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(PLEASE PRINT CLEARLY)
Address .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postcode .... . . . . . . . . . . . . . . . . . . . . . . Contact phone number .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Email address .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission (Please attach additional pages if required. It is preferred that any additional information be loose rather than bound) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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turn over to complete your submission
SUBMISSION NUMBER
Hearing of submissions
Anyone who has made a written submission on the amendment has the opportunity to personally present the basis of their submission to a sub-committee of the WAPC. You do not have to attend a hearing. The comments presented by you in this written submission will be considered in determining the recommendation for the proposed amendment.
For information about the submission and hearings process, please refer to the amendment report and in particular Appendix E.
Please choose one of the following:
OR
You should be aware that:
• The Hearings Panel is NOT a decision making body. Information presented at the hearings will be forwarded to the WAPC for consideration in determining the recommendation for the proposed amendment.
• The WAPC is subject to the Freedom of Information Act 1992 and as such, submissions made to the WAPC may be subject to applications for access under the Act.
• In the course of the WAPC assessing submissions, or making its report on these submissions, copies of yoursubmission or the substance of that submission, may be disclosed to third parties.
• All hearings are recorded and transcribed. The transcripts of all hearings, along with all written submissions, arepresented to the Minister for Planning and published as public records should the Minister approve the proposedamendment. The WAPC recommendations are similarly published in a report on submissions.
To be signed by person(s) making the submission
Signature .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .... . . . . . . . . . . . . . . . . . . . . . . . . .
Note: Submissions MUST be received by the advertised closing date, being close of business (5pm) on 14 December 2020. Late submissions will NOT be considered.
Contacts: Telephone - (08) 9791 0577; Email – [email protected]; Website - http://www.dplh.wa.gov.au
No, I do not wish to speak at the hearings. (Please go to the bottom of the form and sign)
Yes, I wish to speak at the hearings. (Please complete the following details)I will be represented by: Myself – My telephone number (business hours): .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or A spokesperson
Name of spokesperson: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contact telephone number (business hours): .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postal address: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I would prefer my hearing to be conducted in: Public (members from the general public may attend your presentation) OR Private (only the people nominated by you or the hearings committee will be
permitted to attend)
1. 0060 Cover1a. Cover & Title SheetsAmendment 0060/41Amendment 0060/41Amendment ReportAmendment Report
2. 0060-41 Contents Page3. The GBRS - what it is and how amendedPlanning Greater Bunbury's futurePlanning Greater Bunbury's futureWhat is an amendment?What is an amendment?ZonesZonesReservationsReservationsReservations
What if my land is rezoned?What if my land is rezoned?What if my land is reserved?What if my land is reserved?How can my views be heard?How can my views be heard?PublicationsPublicationsPublicationsAmendment reportAmendment reportEnvironmental review reportEnvironmental review reportReport on SubmissionsReport on SubmissionsSubmissionsSubmissionsTranscript of HearingsTranscript of Hearings
4. Location cover pageLocation PlanLocation Plan
4.1 GBRS_3054_v2_LPlan5 GBRS Scheme Amendment 0060-41 - Amendment Report6. Figure 1 cover pageFigure 1Figure 1
7. Figure Plan GBRS_3054_v2_proposal18. Appendix A9. EPA - Notice of Decision - GBRS 0060_41 Waterloo Industrial Expansion Area10. Appendix B11. List of Plans12. Appendix C13. Regional Planning Scheme info - Your propertyYour Property and Regional Planning SchemesYour Property and Regional Planning Schemes
14. Appendix D15. Preparing a submission & for a hearing presentation (Major)Preparing a submissionPreparing a submissionand for a hearing presentationand for a hearing presentation
16. Appendix E17. Form 41 (0060-41)SubmissionSubmissionGreater Bunbury Region Scheme Amendment 0060/41Greater Bunbury Region Scheme Amendment 0060/41turn over to complete your submissionturn over to complete your submissionHearing of submissionsHearing of submissionsORORTo be signed by person(s) making the submissionTo be signed by person(s) making the submission
ororOROR
